zoning

Thu May 10, 2012 3:40 pm

I would like to in the near future build me a new home for my tractors. I called the zoning office today and found that i can only build up to a 960 square foot building which is very disappointing. they also said that the set back is 50 in the rear and 10 on the side. Does anyone know how to measure that? I live in jefferson county MO 63023.thanksJosh

Re: zoning

Thu May 10, 2012 3:44 pm

Mr Joshua wrote:I would like to in the near future build me a new home for my tractors. I called the zoning office today and found that i can only build up to a 960 square foot building which is very disappointing. they also said that the set back is 50 in the rear and 10 on the side. Does anyone know how to measure that? I live in jefferson county MO 63023.thanksJosh

You can measure it with a tape measure. Just measure 50 feet from your back property line and 10 feet from your side property line.

Re: zoning

Thu May 10, 2012 4:00 pm

Barnyard wrote:

Mr Joshua wrote:I would like to in the near future build me a new home for my tractors. I called the zoning office today and found that i can only build up to a 960 square foot building which is very disappointing. they also said that the set back is 50 in the rear and 10 on the side. Does anyone know how to measure that? I live in jefferson county MO 63023.thanksJosh

You can measure it with a tape measure. Just measure 50 feet from your back property line and 10 feet from your side property line.

thanks barnyardjust was not sure if they meant like 50 from the back of the building or what.

Re: zoning

Thu May 10, 2012 4:05 pm

Josh,in other words, the back of your new building has to be 50 feet from the back line and the side of the building has to be 10 feet from the side line. Depending on your lot size you may also have to be a set distance from any other building on your lot.

Re: zoning

Thu May 10, 2012 4:18 pm

960 sq ft will give you a building that is roughly 31' x 31'. If you want a larger one, you could see if there is an appeal process or way to request a variance. You would probably have to have your neighbors okay and some justification for the larger building. Some of that will depend on the type of neighborhood you are in, your lot size, the neighbors lots, etc.

Bob

Re: zoning

Thu May 10, 2012 4:24 pm

Josh:

Up here for those who want to design/build themselvesbut do not have the experience, there are qualified draftsmen who provide design services and should be fully conversant with your local zoning requirements and what is needed for a variance. Suggest you seek one of these out and have them give you a hand. You may have to provide a current plot/site plan but that should be in with your deed. You should probably be able to find a draftsman in your yellow pages.

Re: zoning

Thu May 10, 2012 6:55 pm

Man, I am glad I live in the country.

I would not know that I cannot do this or that and get in trouble.

Not being use to having to ask for permission, or being told the way I would have to do things well.....I am sure they would have a way $$$$ of getting my attention.

Re: zoning

Thu May 10, 2012 7:14 pm

Know what you mean, Tim. The size of our buildings are determined by the size of the $$$.

Re: zoning

Thu May 10, 2012 7:17 pm

Tezell wrote:Man, I am glad I live in the country.

I would not know that I cannot do this or that and get in trouble.

Not being use to having to ask for permission, or being told the way I would have to do things well.....I am sure they would have a way $$$$ of getting my attention.

Even in the country in Ohio there are zoning limitations for some things in some areas. I find that some of those are good things even though it limits what I can do. The township next to us has no zoning what so ever and you can put up any size building you want, but your neighbor can have a garbage dump right up to your property line.

Re: zoning

Thu May 10, 2012 7:44 pm

I am a firm believer in my land is my land, and I am blessed with being able to do with it as I see fit where I live.If my neighbor was paying the taxes on it I would give him a say:D Too much government in my opinion. Boss

Re: zoning

Thu May 10, 2012 8:07 pm

Josh was only asking about where to measure so he would be in conformance with his local regulations. Idon't think he intended this to be any type of political debate and I hope it doesn't go there.

Re: zoning

Thu May 10, 2012 8:36 pm

Josh.

Visit you local zoning office. Obtain a copy of your local zoning regulations. Take the copy home and carefully read. Then go back and ask questions.

Questions to ask upon your return visit is: "are there other county, regional, state or federal laws concerning my potential building?" "Do I need a building permit?" Problem is that the local zoning commission is not going to know all of the laws that affect new construction.

It may be worth a bit of money to obtain legal advice.

Edit: Nothing worse than finding out that you newly built building doesn't meet some code. You have to tear it down and perhaps face a huge fine.

Re: zoning

Thu May 10, 2012 9:20 pm

To get back on topic:First off, if the limit is 960, I'd be looking at 24x40 not 31x31.Are you in an unincorporated area of the county or in an incorporated village/town/city? I took a look at the county zoning regulations, which apply if you are in an unincorporated area. I find a table that lists setbacks with at least one district that gives side setbacks of 10 and rear setbacks of 50 FOR THE PRIMARY STRUCTURE. I presume this is the source of the numbers from the zoning office. Of interest is section 400.2770 C. Standards For Accessory Buildings In Residential Zoning Districts. Among the standards:

. . . shall be placed in the rear yard, except that a detached garage may be located in the side yard . . .The minimum required side setback for the principal building shall be observed for accessory buildings.

However, it does NOT state any requirement for a rear setback of an accessory building. If it had been intended that the rear setback be the same as for the principal building, they would have stated it the same as they did for the side setback. It does not make sense for the rear setback of an accessory building, located in the rear yard, to be the same as the setback for the primary building. If that was the intention, it was accidentally left out of the ordinance. I imagine you want some rear setback. But if 50 feet is a problem, I would ignore the 50 feet and apply for a building permit (I assume a permit is required). If the permit is denied due to the 50 feet, appeal it to the Board of Adjustments. Before going to the B of A, I would probably have an informal conversation with someone of higher authority than the zoning office. (In Texas, the step after the B or A would be District Court, where you would clearly win. But it could start to get more expensive)